If you missed a court session and an order was made in your absence, you cannot file an appeal. You may apply to set aside the order instead.
Judges in the Protection from Harassment Court (PHC) are in charge of hearings.
A party who is not satisfied with a judgment, order or decision by a PHC judge may file an appeal to the General Division of the High Court.
The process depends on the type of proceeding:
To appeal, you will first need to apply for leave to appeal before filing an appeal. Find out the steps to appeal under the simplified proceedings.
The process depends on whether the hearing was conducted in chambers (not open to the public) or in open court.
For cases under the simplified proceedings, you will first need to apply for leave to appeal before filing a Notice of Appeal.
Refer to the following on how you can apply for leave to appeal.
When to file
Within 7 days after the date of the order made by a PHC judge.
Who will hear the application
The PHC judge who made the order you are appealing against.
$10 to apply for leave to appeal.
How to file
Through the Community Justice and Tribunals System (CJTS).
You will need to provide the following information:
Log in to CJTS. Under the Online Applications tab, select PHC, then select Application for Leave to Appeal. For detailed instructions, refer to the CJTS user guide for protection from harassment claims (PDF, 3358 KB).
You will need to serve the notice of the application on the other party within 7 days after the date on which the application is filed.
You can serve in one or more of the following ways if you know the party’s proper address:
Both you and the other party must attend the scheduled hearing.
If the court grants you leave, you may file a Notice of Appeal to the General Division of the High Court within 7 days after the date on which leave was given.